While 67 Pa. Code § 459.3(b) clearly excludes private developers from applying for state highway right-of-way occupancy permits, nothing in the language of the regulation compels a township to apply for the permits in their stead; thus, the township did not possess standing to challenge the exclusion of private developers. South Whitehall Township v. Department of Transportation, 475 A.2d 166 (Pa. Cmwlth. 1984).

Third party, a competitor of the permit applicant, had no standing to challenge the Departments decision to issue permits since the third party would suffer only economic harm, long after completion of construction, and would suffer no direct and immediate physical damage to a property interest (the type of damage this section is designated to prevent). Equitable Gas Co. v. Department of Transportation, 504 A.2d 402 (Pa. Cmwlth. 1986); appeal denied 522 A.2d 46 (Pa. 1987).

Where a township did not aver that it was presently indemnifying the Department for the work of a private developer, or that it had sought a permit on behalf of a private developer, the events which might bring the parties into actual conflict were too tenuous to justify granting a declaratory judgment invalidating 67 Pa. Code § 459.7 since standing to protest is not shown. South Whitehall Township v. Department of Transportation, 475 A.2d 166 (Pa. Cmwlth. 1984).

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